A CCMA directive has been issued by the Director of the CCMA, Cameron Marojane, clarifying the CCMA’s approach when a party fails to attend an arbitration that has been set down.
The CCMA directive was issued in the context of a judgement by the Labour Court (per Moshoana J) which found in 2021 that commissioners should remove matters from the roll through an administrative step, rather than dismissing them through a dismissal ruling.
According to the directive, a recent Labour Appeal Court judgement has overturned that position.
The directive states that commissioners may dismiss matters where a party has not attended, and that a party who is aggrieved by the dismissal of a matter may apply for rescission of the dismissal ruling in terms of section 144 of the LRA.
Read a copy of the CCMA directive here:
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